HomeMy WebLinkAboutWQ0001817_Final Permit_20191231ROY COOPER
Governor
MICHAEL S. REGAN
secretary
LINDA CULPEPPER
Director
JAMES SINNOTT — PRESIDENT
ALBEMARLE UTILITY COMPANY
11675 RAINWATER DRIVE — SUITE 220
ALPHARETTA, GEORGIA 30009
Dear Mr. Sinnott:
NORTH CAROLINA
%vironmental Quality
December 31, 2019
Subject: Permit No. WQ0001817
Albemarle Plantation WWTF
Wastewater Irrigation System
Perquimans County
In accordance with your permit renewal request received July 1, 2019, and subsequent additional
information received October 28, 2019, we are forwarding herewith Permit No. WQ0001817 dated
December 31, 2019, to the Albemarle Utility Company for the continued operation of the subject
wastewater treatment and irrigation facilities.
The following modifications to the subject permit are as follows:
➢ This facility description has been edited to describe the operation of the facility at the time of
this renewal. This includes separating out the existing fields from the unconstructed fields, and
adding conditions for the construction and operation of these currently unconstructed but
permitted fields.
➢ The permitted flow of the system has been updated to reflect that this facility is limited by
disposal capacity. Permitted flow can be increased to 200,422 gallons per day (GPD) with the
establishment of the additional fields as described in Attachment B.
This permit shall be effective from the date of issuance through May 31, 2025, shall void Permit
No. WQ0001817 issued August 5, 2014, and shall be subject to the conditions and limitations therein. The
Permittee shall submit a renewal application no later than December 2, 2024.
Please pay attention to the monitoring requirements listed Attachments A, B, and C for they may
differ from the previous permit issuance. Failure to establish an adequate system for collecting and
maintaining the required operational information shall result in future compliance problems.
The Division has removed the following permit conditions since the last permit issuance dated
August 5, 2014:
➢ Old Condition I.2. — This condition has been removed.
➢ Old Condition II.7. — This condition has been removed.
➢ Old Condition II.14. — This condition has been removed.
ez-5f D- FM� .b _ North Carolina Department of Environmental Quality I Division of Water Resources
��/g 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
Norma -.w � 919.707.9000
Mr. James Sinnott
December 31, 2019
Page 2 of 3
➢ Old Condition II.15. — This condition has been removed.
➢ Old Condition II.16. — This condition has been removed.
➢ Old Condition III.16. — This condition has been removed. However, it should be noted that
swimming pool grade chlorine tablets are not acceptable for wastewater disinfection.
➢ Old Condition IV.15. — This condition has been removed.
➢ Old Condition VI.2. — This condition has been removed because the permit is not voidable.
The following permit conditions are new since the last permit issuance dated August 5, 2014:
➢ Condition I.1. — The Permittee shall submit a permit modification prior to the operation of
Fields 6 and 7 so that either a setback waiver can be added to the permit or the sections of each
field that violate setbacks can be removed.
➢ Condition I.2. — The Permittee shall submit an engineering certification prior to the operation
of Fields A through G and 6 through 12.
➢ Condition I.3. — The Permittee shall notify the Washington Regional Office prior to operation
of fields A-G and 8-12 so that an inspection can be made of the facilities.
➢ Condition 1.4. — The Permittee shall notify the Non -Discharge Branch at least two business
days in advance of initial operation of the additional fields so that the Division can adjust the
flow limit for PPI 001.
➢ Condition II.12. — A request to update the irrigation field setbacks to the most recent iteration
of the 15A NCAC 02T .0506(a) setbacks has been requested. All applicable setbacks for the
treatment units have been updated to the 15A NCAC 02H .0404(g) and 02H .02190)(5)
setbacks at the time of modification.
➢ Condition III.7. — Irrigation equipment shall be tested and calibrated once per permit cycle.
➢ Condition III.16. - Metering equipment shall be tested and calibrated annually.
➢ Condition VI.10. — This condition states that the permit will not be renewed if the annual fee
is not paid.
➢ Condition VI.I1. — The Permittee shall report the measured monthly average amount of
wastewater flow contributed per connection (GPD/connection) for the 12 months prior to
permit renewal and reevaluate the permitted flow reduction if any monthly averages are within
20% of the approved value.
➢ Condition VI. 12. - The Permittee shall retain the Division's written approval of the authorized
adjusted daily design flow rate for the life of this facility, and shall transfer this approval to any
future Permittee.
Mr. James Sinnott
December 31, 2019
Page 3 of 3
➢ Attachment A — Flow has been changed to reflect that the limiting factor for flow in the permit
is based on the current disposal capacity of the fields at the time of permitting. The monitoring
parameters of Total Residual Chlorine, Total Nitrogen, and Total Nitrate have been added
effluent monitoring. Monitoring for Nitrite plus Nitrate, Total (as N) (PCS Code #00630) has
been changed to Nitrogen, Nitrate Total (as N) (PCS Code #00620). Sampling frequencies have
been changed.
➢ Attachment B — This attachment has been edited to separate out the constructed fields and
unconstructed fields.
➢ Attachment C — The parameter of Total Phosphorus has been added to groundwater monitoring.
Monitoring for Volatile Components, (GC/MS) (PCS Code #78732) has changed to Volatile
Compounds, (GW) (PCS Code #GWVOC).
If any parts, requirements, or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service
Center, Raleigh, NC 27699-6714. Otherwise, this permit shall be final and binding.
If you need additional information concerning this permit, please contact Erick Saunders at (919)
707-3659 or erickson.saunders@ncdenr.gov.
Sincerely,
,-�inda Culpepper, Director
O Division of Water Resources
cc: Perquimans County Health Department (Electronic Copy)
Washington Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Laserfiche File (Electronic Copy)
Digital Permit Archive (Electronic Copy)
Central Files
THIS PAGE BLANK
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
WASTEWATER IRRIGATION SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Albemarle Utility Company
Perquimans County
FOR THE
operation of a 102,264 gallon per day (GPD) (202,508 GPD at build -out) wastewater collection, treatment,
and irrigation facility consisting of the:
continued operation of a wastewater collection system consisting of. a low pressure septic tank effluent
pumping (STEP) system with a 1,200 gallon septic tank with either a 30 or 80 gallon per minute (GPM)
pump, check valves, high-water alarms, and an alternator electric system serving each unit; approximately
7,693 linear feet (LF) of 6-inch force main; approximately 2,700 LF of.4-inch force main; and all associated
piping, valves, controls and appurtenances; the
continued operation of a wastewater treatment facility consisting of: an influent flow meter and flow
totalizer; a four acre, 6.5 million gallon (MG) baffled treatment lagoon; a 12 acre, 19,549,728 gallon storage
lagoon; effluent chlorination; a 175 GPM master pump station (Pump Station No. 1) with dual 175 GPM
submersible pumps and high-water alarms; a 180 GPM pump station (Pump Station No. 2) with dual 180
GPM pumps and high-water alarms; a 14,000 gallon holding tank at the pump station; an effluent flow
measurement device; 10,400 LF of 6-inch force main; and all associated piping, valves, controls and
appurtenances; the
continued operation of a 102,264 GPD wastewater irrigation facility consisting of: a 22.91 acre spray
irrigation area containing three fields (i.e., Fields 13, 14, and 15); and all associated piping, valves, controls,
and appurtenances; the
construction and operation of an 85,688 GPD wastewater irrigation facility consisting of: the repair of a
49.32 acre spray irrigation area containing seven fields (i.e., Fields A through G); a 29.3 acre spray irrigation
area containing five fields (i.e., Fields 8 through 12); and all associated piping, valves, controls, and
appurtenances; and the
construction only of a 14,556 GPD wastewater irrigation facility consisting of: a 10.87 acre spray irrigation
area containing two fields (i.e., Fields 6 and 7); and all associated piping, valves, controls and appurtenances
to serve the Albemarle Plantation WWTF, with no discharge of wastes to surface waters, pursuant to the
application received July 1, 2019, subsequent additional information received October 28, 2019, and in
conformity with the Division -approved plans and specifications considered a part of this permit.
WQ0001817 Version 4.0 Shell Version 181105 Page 1 of 10
This permit shall be effective from the date of issuance through May 31, 2025, shall void Permit No.
WQ0001817 issued August 5, 2014, and shall be subject to the following conditions and limitations:
I. SCHEDULES
1. The Permittee shall submit a permit modification request prior to operation of Fields 6 and 7. These
fields are within the 400 foot setback to the habitable residence located on 862 Holiday Island Rd. (PIN
7866-59-0377 and shown on Figure 2). This modification request shall contain one of the following:
a. An executed and recorded setback waiver in accordance with 15A NCAC 02T .0506(d) to allow
for application of wastewater within the required 400-foot setback to the habitable residence; or
b. An updated site map which excludes irrigation within 400 feet of the habitable residence. The new
acreages of these fields shall be calculated.
[15A NCAC 02T .0108(b)(1)(B)]
2. Upon completion of construction/repairs and prior to operation of Fields A through G and Fields 6
through 12, the Permittee shall submit an engineering certification from a North Carolina licensed
Professional Engineer certifying that the permitted facility has been constructed in accordance with
G.S. 143-215.1, Administrative Code Title 15A Subchapter 02T, this permit, and the Division -
approved plans and specifications. For phased and partially certified facilities, the Permittee shall retain
the responsibility to track further construction approved under this permit, and shall provide a final
engineering certification upon project completion. Mail the Engineering Certification to the Division
of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or
Non-Discharge.Reports,-ci.ncdenr.gov. [15A NCAC 02T .0116(a)]
3. The Permittee shall notify the Washington Regional Office, telephone number (252) 946-6481, at least
two business days in advance of initial operation of any additional constructed fields so that the Division
can conduct a startup inspection. [15A NCAC 02T .0108(b)(1)(B)]
4. The Permittee shall notify the Non -Discharge Branch, telephone number (919) 707-3659 at least two
business days in advance of initial operation of the additional fields so that the Division can adjust the
flow limit for PPI 001. [15A NCAC 02T .0108(b)(1)(B)]
5. The Permittee shall request renewal of this permit on Division -approved forms no later than December
2, 2024. [15A NCAC 02T .0105(b), 02T .0109]
H. PERFORMANCE STANDARDS
The Permittee shall maintain and operate the subject non -discharge facilities so there is no discharge to
surface waters, nor any contravention of groundwater or surface water standards. In the event the
facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper
operation and maintenance, or failure of the irrigation areas to assimilate the effluent, the Permittee
shall take immediate corrective actions, including Division required actions, such as the construction
of additional or replacement wastewater treatment or disposal facilities. [15A NCAC 02T
.0108(b)(1)(A)]
2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface
water resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A)]
3. Groundwater monitoring wells shall be constructed in accordance with 15A NCAC 02C .0108
(Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and
regulations pertaining to well construction. [ 15A NCAC 02C .0108]
WQ0001817 Version 4.0 Shell Version 181105 Page 2 of 10
4. The wastewater collection facilities shall be properly maintained and operated at all times. The
following performance criteria shall be met:
a. The collection system shall be effectively maintained and operated at all times to prevent discharge
to land or surface waters, and to prevent contravention of groundwater or surface water standards.
b. A map of the collection system shall be developed and maintained.
c. An operation and maintenance plan shall be developed, implemented, and maintained.
d. Pump stations not connected to a telemetry system shall be inspected every day (i.e., 365 days per
year) unless otherwise approved. Pump stations connected to a telemetry system shall be inspected
at least once per week.
e. High -priority sewers shall be inspected at least once every six months.
f. A general observation of the entire collection system shall be conducted at least once per year.
g. Overflows and bypasses shall be reported to the Washington Regional Office in accordance with
15A NCAC 02B .0506(a), and public notice shall be provided as required per G.S.143-215.1C.
h. A grease control program shall be developed, implemented, and maintained.
i. Right-of-ways and easements shall be maintained.
j. Inspection and maintenance records shall be maintained for a period of at least three years, except
for the map, which shall be maintained for the life of the system.
[15A NCAC 02T .0403(a)]
5. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T
.0108(b)(1)(A)]
6. Application rates, whether hydraulic, nutrient, or other pollutant, shall not exceed those specified in
Attachment B. [15A NCAC 02T .0108(b)(1)(A)]
7. Wastewater irrigation fields permitted on or after December 30, 1983 have a compliance boundary that
is either 250 feet from the wastewater irrigation area, or 50 feet within the property boundary,
whichever is closest to the wastewater irrigation area. Any exceedance of groundwater standards at or
beyond the compliance boundary shall require corrective action. Division -approved relocation of the
compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common
ownership and permitted for use as a disposal system shall be treated as a single property with regard
to determination of a compliance boundary. [ 15A NCAC 02L .0106(d)(2), 02L .0107(b), 02T .0105(h),
G.S. 143-215.1(i), G.S. 143-215.1(k)]
8. The review boundary is midway between the compliance boundary and the wastewater irrigation area.
Any exceedance of groundwater standards at or beyond the review boundary shall require preventative
action. [15ANCAC 02L.0106(d)(1), 02L .0108]
9. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to
any sale or transfer of property affecting a compliance boundary (i.e., parcel subdivision). [15A NCAC
02L .0107(c)]
10. No wells, excluding Division -approved monitoring wells, shall be constructed within the compliance
boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107]
WQ0001817 Version 4.0 Shell Version 181105 Page 3 of 10
11. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is
not the Permittee and owns land within the compliance boundary shall execute and file with the
Perquimans County Register of Deeds an easement running with the land containing the following
items:
a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1);
b. Prohibits construction and operation of water supply wells within the compliance boundary; and
c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary
for purposes related to the permit.
The Director may terminate the easement when its purpose has been fulfilled or is no longer needed.
[15A NCAC 02L .0107(f)]
12. The facilities herein were permitted per the following setbacks:
a. The Permittee has requested use of setbacks adopted September 1, 2018. The setbacks for spray
irrigation sites originally permitted or modified on or after September 1, 2018 are as follows (all
distances in feet):
i. Each habitable residence or place of assembly under separate ownership:
400'
ii. Each habitable residence or place of assembly owned by the Permittee:
200
iii. Each private or public water supply source:
100
iv. Surface waters:
100
v. Groundwater lowering ditches:
100
vi. Surface water diversions:
25
vii. Each well with exception of monitoring wells:
100
viii. Each property line:
1502
ix. Top of slope of embankments or cuts of two feet or more in vertical height:
15
x. Each water line:
10
xi. Subsurface groundwater lowering drainage systems:
100
xii. Public right of way:
50
xiii. Nitrification field:
20
xiv. Each building foundation or basement:
15
1 Habitable residences or places of assembly under separate ownership constructed after the
facilities herein were originally permitted or subsequently modified are exempt from this
setback.
2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
[15A NCAC 02T .0506(a)]
WQ0001817 Version 4.0 Shell Version 181105 Page 4 of 10
b. The storage and treatment units were modified August 6, 2003. The setbacks for storage and
treatment units originally permitted or modified from February 1, 1993 to August 31, 2006 are as
follows (all distances in feet):
i. Each habitable residence or place of assembly under separate ownership: 4001
ii. Each private or public water supply source: 100
iii. Surface waters: 50
iv. Each well with exception of monitoring wells: 100
v. Each property line: 502,3
vi. Nitrification field: 20
1 Habitable residences or places of assembly under separate ownership constructed after the
facilities herein were originally permitted or subsequently modified are exempt from this
setback.
2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
[15A NCAC 02H .0404(g), 02H .02190)(5)]
OPERATION AND MAINTENANCE REQUIREMENTS
1. The Penn ittee shall operate and maintain the subject facilities as a non -discharge system. [15A NCAC
02T .0500]
2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include operational
functions, maintenance schedules, safety measures, and a spill response plan. [15A NCAC 02T
.0507(a)]
3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non -discharge facilities, the Permittee shall designate and employ a certified
operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. The ORC
or their back-up shall operate and visit the facilities as required by the WPCSOCC. [ 15A NCAC 02T
.0117]
4. The Permittee shall maintain vegetative cover on the irrigation sites, such that crop health is optimal,
allows even effluent distribution, and allows inspection of the irrigation system. [15A NCAC 02T
.0507(b)]
5. The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation sites
listed in Attachment B. [15A NCAC 02T .0507(c)]
6. The Permittee shall not irrigate treated effluent during inclement weather, or when the soil is in a
condition that will cause ponding or runoff. [15A NCAC 02T .0505(x)]
7. Irrigation equipment shall be tested and calibrated once per permit cycle. [15A NCAC 02T .0507(d)]
8. Only treated effluent from the Albemarle Plantation WWTF shall be irrigated on the sites listed in
Attachment B. [15A NCAC 02T .0501]
9. The Permittee shall not allow vehicles or heavy machinery on the irrigation area, except during
equipment installation or maintenance activities. [ 15A NCAC 02T .0507(e)]
10. The Permittee shall prohibit public access to the wastewater treatment, storage, and irrigation facilities.
[15A NCAC 02T .0505(q)]
WQ0001817 Version 4.0 Shell Version 181105 Page 5 of 10
11. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [15A NCAC
02T .0508, 02T .1100].
12. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject
facilities. [15A NCAC 02T .05050)]
13. Freeboard in the 4-acre treatment lagoon and the 12-acre storage lagoon shall not be less than two feet
at any time. [15A NCAC 02T .0505(d)]
14. Gauges to monitor waste levels in the 4-acre treatment lagoon and the 12-acre storage lagoon shall be
provided. These gauges shall have readily visible permanent markings, at inch or tenth of a foot
increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid
storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the
lowest point on top of the dam. [ 15A NCAC 02T .0507(f)]
15. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion
control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to
maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and
other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen
embankments shall be kept mowed or otherwise controlled and accessible. [ 15A NCAC 02T .0507(g)]
16. Metering equipment shall be tested and calibrated annually. [15A NCAC 02T .0507(d)]
17. An automatically activated standby power source capable of powering all essential treatment units shall
be on site and operational at all times. If a generator is employed as an alternate power supply, it shall
be tested weekly by interrupting the primary power source. [15A NCAC 02T .0505(1)]
IV. MONITORING AND REPORTING REQUIREMENTS
1. The Permittee shall conduct and report any Division required monitoring necessary to evaluate this
facility's impact on groundwater and surface water. [ 15A NCAC 02T .0108(c)]
2. A Division -certified laboratory shall conduct all analyses for the required effluent, groundwater, and
surface water parameters. [15A NCAC 02H .0800]
3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be
reported on Form NDMR. Facilities with a permitted flow less than 10,000 GPD may estimate their
flow from water usage records provided the water source is metered. [15A NCAC 02T .0105(k), 02T
.0108(c)]
4. The Permittee shall monitor the treated effluent at the frequencies and locations for the parameters
specified in Attachment A. [15A NCAC 02T .0108(c)]
5. The Permittee shall maintain records tracking the amount of effluent irrigated. These records shall
include the following information for each irrigation site listed in Attachment B:
a. Date of irrigation;
b. Volume of effluent irrigated;
c. Site irrigated;
d. Length of time site is irrigated;
e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings;
f. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically
limited in Attachment B;
g. Weather conditions; and
h. Maintenance of cover crops.
[15A NCAC 02T .0108(c)]
WQ0001817 Version 4.0 Shell Version 181105 Page 6 of 10
6. Freeboard (i.e., waste level to the lowest embankment elevation) in the 4-acre treatment lagoon and the
12-acre storage lagoon shall be measured to the nearest inch or tenth of a foot, and recorded weekly.
Weekly freeboard records shall be maintained for five years, and shall be made available to the Division
upon request. [15A NCAC 02T .0108(c)]
7. Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for
each PPI and three copies of all operation and disposal records (as specified in Conditions IV.5. and
IV.6.) on Form NDAR-1 for every site in Attachment B shall be submitted on or before the last day of
the following month. If no activities occurred during the monitoring month, monitoring reports are still
required documenting the absence of the activity. All information shall be submitted to the following
address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[15A NCAC 02T .0105(1)]
8. Pursuant to G.S. 143-215.1C(a), the Permittee shall provide to its users and the Division of Water
Resources an annual report summarizing the performance of the wastewater treatment and irrigation
facility and the extent to which the facility has violated this permit, or federal or State laws, regulations,
or rules related to the protection of water quality. This report shall be prepared on either a calendar or
fiscal year basis and shall be provided no later than 60 days after the end of the calendar or fiscal
year. Two copies of the annual report provided to the Permittee's users shall be submitted to:
Division of Water Resources
Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[G.S. 143-215.1 C(a)]
9. The Permittee shall maintain a record of all residuals removed from this facility. This record shall be
maintained for five years, and shall be made available to the Division upon request. This record shall
include:
a. Name of the residuals hauler;
b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality
agreeing to accept the residuals;
c. Date the residuals were hauled; and
d. Volume of residuals removed.
[15A NCAC 02T .0508(b)]
10. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall
be made available to the Division upon request. This log shall include:
a. Date of flow measurement device calibration;
b. Date of irrigation equipment calibration;
c. Visual observations of the plant and plant site; and
d. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections
and cleanings, etc.).
[15A NCAC 02T .0507(h)]
11. Monitoring wells MW-1, MW-2, MW-3, MW-4, MW-5, MW-6, MW-7, MW-8, MW-9, and MW-10
shall be sampled at the frequencies and for the parameters specified in Attachment C. All mapping,
well construction forms well abandonment forms and monitoring data shall refer to the permit number
and the well nomenclature as provided in Attachment C and Figure 1. [15A NCAC 02T .0105(m)]
WQ0001817 Version 4.0 Shell Version 181105 Page 7 of 10
12. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance
Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last
working day of the month following the sampling month. The Compliance Monitoring Form (GW-59)
shall include this permit number, the appropriate well identification number, and one GW-59a
certification form shall be submitted with each set of sampling results. All information shall be
submitted to the following address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[15A NCAC 02T .0105(m)]
13. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on
each irrigation site listed in Attachment B. These results shall be maintained at the facility for five
years, and shall be made available to the Division upon request. Each Standard Soil Fertility Analysis
shall include the following parameters:
Acidity
Exchangeable Sodium Percentage
Phosphorus
Base Saturation (by calculation)
Magnesium
Potassium
Calcium
Manganese
Sodium
Cation Exchange Capacity
Percent Humic Matter
Zinc
Copper
pH
[15A NCAC 02T .0108(c)]
14. Noncompliance Notification:
The Permittee shall report to the Washington Regional Office, telephone number (252) 946-6481,
within 24 hours of first knowledge of the following:
a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a
hazardous substance.
b. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of
adequate wastewater treatment.
c. Any facility failure resulting in a discharge to surface waters.
d. Any time self -monitoring indicates the facility has gone out of compliance with its permit
limitations.
e. Ponding in or runoff from the irrigation sites.
Emergencies requiring reporting outside normal business hours shall call the Division's Emergency
Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. All
noncompliance notifications shall file a written report to the Washington Regional Office within five
days of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to
ensure the problem does not recur. [15A NCAC 02T .0108(b)(1)(A)]
WQ0001817 Version 4.0 Shell Version 181105 Page 8 of 10
V.
1. The Permittee shall perform inspections and maintenance to ensure proper operation of the wastewater
treatment and irrigation facilities. [ 15A NCAC 02T .0507(i)]
2. The Permittee shall inspect the wastewater treatment and irrigation facilities to prevent malfunctions,
facility deterioration, and operator errors that may result in discharges of wastes to the environment,
threats to human health, or public nuisances. The Permittee shall maintain an inspection log that
includes the date and time of inspection, observations made, and maintenance, repairs, or corrective
actions taken. The Permittee shall maintain this inspection log for a period of five years from the date
of the inspection, and this log shall be made available to the Division upon request. [ 15A NCAC 02T
.0507(h), 02T .0507(i)]
3. Division authorized representatives may, upon presentation of credentials, enter and inspect any
property, premises, or place related to the wastewater treatment and irrigation facilities permitted herein
at any reasonable time for determining compliance with this permit. Division authorized
representatives may inspect or copy records maintained under the terms and conditions of this permit,
and may collect groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)]
VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a
Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C]
2. This permit is effective only with respect to the nature and volume of wastes described in the permit
application, and Division -approved plans and specifications. [G.S. 143-215.1(d)]
3. Unless specifically requested and approved in this permit, there are no variances to administrative codes
or general statutes governing the construction or operation of the facilities permitted herein. [15A
NCAC 02T .0105(n)]
4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules,
regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal)
may require. [15A NCAC 02T .0105(c)(6)]
5. If the permitted facilities change ownership, or the Permittee changes their name, the Pennittee shall
submit a permit modification request on Division -approved forms. The Permittee shall comply with
all terms and conditions of this permit until the permit is transferred to the successor -owner. [G.S. 143-
215.1(d3)]
6. The Permittee shall retain a set of Division -approved plans and specifications for the life of the facilities
permitted herein. [15A NCAC 02T .0105(o)]
7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or
until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .01050)]
WQ0001817 Version 4.0 Shell Version 181105 Page 9 of 10
8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in
whole or part for:
a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter
02T;
b. obtaining a permit by misrepresentation or failure to disclose all relevant facts;
c. the Permittee's refusal to allow authorized Department employees upon presentation of credentials:
i. to enter the Permittee's premises where a system is located or where any records are required
to be kept;
ii. to have access to any permit required documents and records;
iii. to inspect any monitoring equipment or method as required in this permit; or
iv. to sample any pollutants;
d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or
e. a Division determination that the conditions of this permit are in conflict with North Carolina
Administrative Code or General Statutes.
[15A NCAC 02T .0110]
9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not
occur if any of the following apply:
a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of
environmental crimes under G.S. 143-215.613, or under Federal law that would otherwise be
prosecuted under G.S. 143-215.6B, and all appeals of this conviction have been abandoned or
exhausted.
b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned
a wastewater treatment facility without properly closing the facility.
c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil
penalty, and all appeals of this penalty have been abandoned or exhausted.
d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant
with any compliance schedule in a permit, settlement agreement, or order.
e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual
fee.
[15A NCAC 02T .0120(b), 02T .0120(d)]
10. This permit shall not be renewed if the Pennittee or any affiliation has not paid the required annual fee.
[15A NCAC 02T .0120(c)]
WQ0001817 Version 4.0 Shell Version 181105 Page 10 of 10
11. Pursuant to the flow reduction approved in the December 2, 2005 permit, the Division accepts the data -
based design flow rate of 170 gallons per day per connection (GPD/connection) for the users served by
this facility. At no time shall wastewater flows exceed the limits defined in this permit, or exceed the
sewer capacity downstream of any new sewer extension or service connection.
The Permittee shall report the measured monthly average amount of wastewater flow contributed per
unit (GPD/connection) for the 12 months prior to permit renewal. If any of these monthly averages are
within 20% of the approved value, the Permittee shall reevaluate the approved value using the
methodology applied to determine the approved flow rate of 170 GPD/connection, and submit this
information with the renewal application for reevaluation of the approve flow rate. [ 15A NCAC 02T
.0114(f)]
12. The Permittee shall retain the Division's written approval of the authorized adjusted daily design flow
rate for the life of this facility, and shall transfer this approval to any future Permittee. [15A NCAC
02T .0114(f)]
Permit issued this the 31It day of December 2019
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
J�
da Culpepper, Director
V Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0001817
WQ0001817 Version 4.0 Shell Version 181105 Page 11 of 10
THIS PAGE BLANK
i
z
=
6
5
5
W
F
C7
C7
C7
(5
0
C7
C7
C7
C7
C7
a
�
a
w
a
c7
H
s
z
i
g
a0i
Qcog
x
3
o
�
x
M
U
M
0
E
A
7
E
rA
F
C
a
W
C �-
a
� E
�
w
W
G7
o
om
o C0
N
N
O
N
O
O
03
o
�
C
a
o
z
z
o
00
D
o
0
U
N
«d
O
H
D
E
n
O
O
F"
[�
cn
coU
E
p
U
U
U
V.Z
Z
Z
Z
a
ro
Ln
w
0
O
m
p
�D
'D
�t
�
K1
V)
U
o
O
0
O
0
0
0
0
0
0
0
0
0
0
O
U
0
D
-4 CV m
co
c
a
as
w
a
x
N
I
ci
a)
a)
V
NU
u1
u1
y
y
Tll-
C
U
U
U
U
U
U
U
U
U
U
U
2:1
'
�o
O
O
O
O
O
O
O
O
O
O
00
00
00
00
6
CD
�iEI
N
—
—
—
�
.N-.�
z
7J
U
N
N
N
N
U
N
U
N
U
U
N
N
N
U
N
►a
C�
fx
Gr.
R;
f�
P:
CL
PC
F4
AG
L�
C�
�,
R;
R:
Q!
f�i
O
0
O
O
O
O
O
O
0
0
O
O
0
.0
0
O
O
0
Q
a
a
a
a
a
a
a
a
a
a
a
a
a
a
a
a
d
d¢¢
d
d¢
d
d¢
d
d¢¢
d
d¢
py
0n
0n
0n
0n
an
awn
0n
0q
0q
0u
0n
0q
0n
0q
0u
0n
on
Q
cq
s.
w
0
VJ
0
V1
0
V1
0
VI
0
V]
0
V]
0
Vi
o
VJ
D
VI
U
VJ
U
VI
o
V]
0
V]
0
V]
0
VJ
C
0
V]
0
V]
ICI
c
a
a
a
Q
a
0
a
c
c
c
a
a
a
p
a
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
z
z
z
z
z
Z
z
Z
z
I
z
I
z
I
z
I
z
I
z
I
z
I
Z
I
Z
I
I
7
I
It
I
�
I
.4
I
't
I
4
I
't
I
d'
et
't
�
Id-
�
�
1
�
7
00
00
00
00
00
00
00
00
00
00
00
00
00
oc
00
00
00
N
N
N_
N_
N
N_
(q
N_
N_
N_
N
N
N
N
N_
N
N_
rr
O
-.
O
O
O
rr
O
O
CD
O
O
O
O
O
O
O
O
O
O
O
�+ v�
N
7J
N
N
7J
U
U
N
N
N
N
U
N
N
y
Cd
Y
p y
O
O
O
O
0
50
O
0
O
0
O
0
O
O
O
O
O
50
•'
•?
•�
^
W
D
O
W
O
y
O
O
O
O
O
O
O
O
O
O
O
�
�
00
M
�--�
�O O
r-
O
N
�c
00
't
�
N
M
C�
M
Q\
M
^
l�
O
• •
•--�
In
l-
l-
n
00
N
z C.
[�
n
M
fV
00
o0
r
N
l�
00
ID
0
l�
0
[--
O
to
O
N
0
00
0
01
O
00
0
N
O
t-
O
00
0
N-
0
0
t`
O
00
O
M
0
l-
0
ON
l-
1�0
en
C\
W)
N
\O
V1
kn
�r
0�
r
110
^
W)
O
o
t-
O
O
vi
ON
�c
01
l-
O
�c
It
�n
00
O
�O
\o
;:-
V�
M
M
M
�
o0
l�
00
O
D\
O
N
on
o
0
0
0
0
o
O
o
o
O
o
0
z
O
00
O
0
\O
0
M
O
N
O
M
O
O
O\
0
M
0
00
0
0
O
01
O
1�0
O
N
O
00
O
_
O
Wl
�!1
-
^
-
C1
M
I�
00
Y1
00
C\
00
N_
►ti
N
�O
N
_
�O
M
M
O\
00
v1
r-
Q�
N
�o
C1
O
00
a
x
M
M
M
M
M
M
M
M
M
M
M
M
M
M
M
M
M
O
Pro
Vl
VJ
N
y
Vi
Vi
N
VI
Vl
Vl
Vl
N
V1
V]
h
y
V1
4.1
5E+
El
El
Q'
a'
O^
C
a'
C
C
C
C
O'
C
C
N
N
N
N
N
u
N
(
b
N
0
N
N
N
N
N
N
d
a
a
P.
P.
a
a
a
a
a
w
w
a
a,
a
a
a
a
z
N
N
N
N
N
N
N
U1
U7
V1
V1
U]
U1
N
F
'Ei
S
S
H
F
H
H
E
E
E
71
7l
N
N
N
C
CCam+
a
�
�+
0
�•.
F0
O
O
0
0
Q
d
U
U
U
U
U
U
U
a
a
4'
Al
O
O
cd
cd
cc>d
id
cd
cC
cn
VI
'a
z
z
z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
-• Ci
G
00
0
O
O
rw
V
a
x
N
•�'
G
�
N
V1
M
G4
F
W
W
a„
�
z
a
�
b
�
o
E
R
U
C.
M
M
M
M
M
M
M
M
¢
M
0
d
'
�
O
'
A
C
A
N
t
,n
00
W
U
a
d
F
o
•f'
u
L
o
aOD
U
�O
U
�,
�
z
z
a
w
o
onCD
^
>
N �
3
a
a
000
O
d0'
O
M
O
O
N
O
O
O
O
O
CD
O
O
r-
°
,
N
00
w w �U
cl, 0.�
N
N y O O
v T O
O A
� Q
� a) 0 a) C U
�s -C
.y 5
4° Q °
0 CO
O lull
pp y cOi
� o
0 C2 Y
3 4
a) o W) abD °
> 0 N U O ��, cz
cn 0
> N •� ^�'
O bcd
k N
cob ¢ > 3
o a 3 bb o cab
an43a a o-o
OD 0 0 to
=e u t t Coll, I'd
bp
,240. o. c food
o 0aa3
cd
8 0 0 z o.E•o 9> ' 6o oa ' a+ _Cd
0 rOn rOi C O m %"N 'u a a+ U b0 G O
rs o 0 °' o
Af-rs
33
a 3ok
O C O .L 00 00 O ti y
`°' y o u o o 5 C a o> do
O � �A � ��•�t'� a� 'C3 � a� a� O •y �y c� � O
ti� `nw O b❑gypC O ed
EI EdF[o- b j A UE a°i
rV f+i 4
ro
'O
tf� �6 t--:
Me
\.
1
W3SSAS'IVSUdSIU UNV LNEKLML 113LVM3LSVM UdD ZZb`ODi
.eu
�J
Y
mivenNOI.I.d.
SI flUU9 SC=AVIdd5
p.
Z(I ��� '3S�axiae St pgrt
SNOfSfAdy C
e Y
-
N
�
.n "y
�.4 [
p
w
n�
s.
� jrlr
a�
a
d
� b\ �s`a
� Z
W _0
g
a Q
co ~
I�
f
STATE OF NORTH CAROLINA
UTILITIES COMMISSION
RALEIGH
APPENDIX A
DOCKET NO. W-1189, SUB 0
BEFORE THE NORTH CAROLINA UTILITIES COMMISSION
ALBEMARLE PLANTATION UTILITY COMPANY INC.
is granted this
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
to provide sewer utility service
ri
Albemarle Plantation Subdivision. Phases 1 and 2
Perquimans County, North Carolina
subject to any orders, rules, regulations,
and conditions now or hereafter lawfully made
by the North Carolina Utilities Commission.
ISSUED BY ORDER OF THE COMMISSION.
This the 29th day of May, 2003.
NORTH CAROLINA UTILITIES COMMISSION
e,O►L l.-Mou>\r
Gail L. Mount, Deputy Clerk '
APPENDIX B
SCHEDULE OF RATES
For
Albemarle Plantation Utility Com anv. Inc.
For providing Sewer utility service in
Albemarle Plantation Subdivision. Phases 1 and 2
Perquimans County, North Carolina
Monthly Flat Rate for Residential Service: $41.50
Monthly Flat Rate for Nonresidential Service. $41.50 per REU*
* REU = Residential Equivalent Unit
Connection Fee: $1,500
Reconnection Charges:
If sewer service cut off by utility for good cause $15.00
Bills Due: On Billing Date
Bills Past Due: 15 days after billing date
Billing Frequency: Shall be monthly for service in arrears
Finance Charge for Late Payment: 1 % per month will be applied to the unpaid
balance of all bills still past due 25 days after
the billing date.
Issued in Accordance with Authority granted by the North Carolina Utilities Commission
in Docket No. W-1189, Sub 0 on this the 29tfi day of May , 2003.
FILED
OfFXALODW CERTIFICATE QF SERVICE _MN 0 -) /D();l
Co
clove-e art
iE t 1 /vOCKX N.C. lldliUea ��'
mailed with sufficient
postage or hand delivered to all affected customers the attached Notice to Customers
issued by the North Carolina Utilities Commission in Docket No. W-1189, Sub 0, and the
Notice was mailed or hand delivered by the date specified in the Order.
This the day of � ti . UC _ 2003.
LnB 0(}_�1G.
�-a Name of Utility C pany
The above named Applicant,
personally appeared before me this day and, being first duly sworn, says that the
required Notice to Customers was mailed or hand delivered to all affected customers,
as required by the Commission Order dated M T2 003 in Docket No. W-
1189, Sub 0.
Witness my hand and notarial seal, this the ° day of L
2003. f
Notary Publir..
1-7
VF RtIAL S
EL:-','--TH GEITZENAUER
(SEAL) My Commission Expires: S .n ., N:' : ii-'_Ra • North C rclina
cllmisslon Explres
March 18, 2004
NORTH CAROLINA UTILITIES COMMISSION
NOTICE TO PARTIES
Docket No. W-1189 Sub 0 .,Exceptions Due on or Before June 13.2003
Parties to the above proceeding may file exceptions to the report and
Recommended Order hereto attached on or before the day above shown as provided in
G.S. 62-78. Exceptions, if any, must be filed (original and thirty (30) copies) with the
North Carolina Utilities Commission, Raleigh, North Carolina, and a copy thereof mailed
or delivered to each party of record, or to the attorney for such party, as shown by
appearances noted. Each exception must be numbered and clearly and specifically
stated in one aragraph without argument. The grounds for each exception must be
stated in one or more paragraphs, immediately following the statement of the exception,
and may include any argument, explanation, or citations the party filing same desires to
make. In the event exceptions are filed, as herein provided, a time will be fixed for oral
argument before the Commission upon the exceptions so filed, and due notice given to
all parties of the time so fixed; provided, oral argument will be deemed waived unless
written request is made therefore at the time exceptions are filed. If exceptions are not
filed, as herein provided, the attached report and recommended decision will become
effective and final on. fi 14� !03 unless the Commission, upon its own initiative, with
notice to parties of record modifies or changes said Order or decision or postpones the
effective date thereof.
The report and Recommended Order attached shall be construed as tentative
only until the same becomes final in the manner hereinabove set out.
STATE OF NORTH CAROLINA
UTILITIES COMMISSION
RALEIGH
DOCKET NO. W-1189, SUB 0
BEFORE THE NORTH CAROLINA UTILITIES COMMISSION
In the Matter of
Application by Albemarle Plantation Utility )
Company, Inc., 201 Ocean Highway, Hertford, ) RECOMMENDED ORDER
North Carolina 27944, for a Certificate of Public ) GRANTING FRANCHISE AND
Convenience and Necessity to Furnish Sewer ) APPROVING RATES
Service in Albemarle Plantation Subdivision, )
Phases 1 and 2, in Perquimans County, North )
Carolina, and for Approval of Rates
HEARD IN: Perquimans County Courthouse, 128 North Church Street, Hertford, North
Carolina, on Tuesday, March 11, 2003, at 7:00 p.m.
BEFORE: Danny Stallings, Hearing Examiner
APPEARANCES:
For Albemarle Plantation Utility Company, Inc.:
M. H. Hood Ellis, Hornthal, Riley, Ellis and Maland, LLP, P.O. Box 220,
Elizabeth City, North Carolina 27907
For the Using and Consuming Public:
Robert S. Gillam, Staff Attorney, Public Staff - North Carolina Utilities
Commission, 4326 Mail Service Center, Raleigh, North Carolina 27699-
4326
STALLINGS, HEARING EXAMINER: On September 16, 2001, Albemarle
Plantation Utility Company, Inc. (Applicant) filed an application with the Commission
seeking a certificate of public convenience and necessity to provide sewer utility service
in Albemarle Plantation Subdivision, Phases 1 and 2 (Subdivision).
In an order issued on December 23, 2002, the Commission scheduled this matter
for hearing and required customer notice.
In a letter to the Commission filed on December 30, 2002, the Applicant
requested temporary operating authority and approval of interim rates.
On February 17, 2003, the Public Staff filed the affidavit of Calvin C. Craig,
Utilities Financial Analyst with the Economics Research Division, and on February 26,
2003, the Public Staff filed the affidavits of Laura Bradley Stewart, Staff Accountant with
the Accounting Division, and Jack Floyd, Utilities Engineer with the Water Division.
On February 21, 2003, the Applicant filed the Certificate of Service indicating that
customer notice had been given as directed by the Commission.
The hearing was held on March 11, 2003 as scheduled in Hertford, North
Carolina. Testimony was received from the following customers: Wesley Brown,
President of the Albemarle Plantation Property Owners Association; Carol Medford;
John Holland; Jeanette Kettle; Frank Mizak; David Jenkins; and Robert Cool. Counsel
for the Applicant made a statement on the Applicant's behalf. The affidavits of Public
Staff witnesses Craig, Stewart and Floyd were admitted in evidence.
On March 24, 2003, the Commission received notice that the Applicant had filed
a $50,000 bond with the Commission.
On March 26, 2003, the Applicant filed a motion renewing its request for
temporary operating authority and interim rates. The Commission has not ruled on this
request, and with the issuance of this Recommended Order the request is now moot.
Based upon the application, the Commission's records, and the affidavits
received in evidence, the Hearing Examiner makes the following
FINDINGS OF FACT
1 The Applicant is properly before the Commission seeking a sewer utility
franchise for service in Albemarle Plantation Subdivision, Phases 1 and 2, in
Perquimans County, North Carolina.
2. The service area consists of approximately 1,000 lots within phases 1 and
2 of the Subdivision. The Applicant presently has 253 residential customers and five
commercial customers representing eight residential equivalent units (REUs).
3. The Applicant operates a 78,000-gallon per day spray irrigation
wastewater system consisting of a 1.88 million gallon treatment lagoon, a 19.55 million
gallon storage lagoon, gaseous chlorine for disinfection, and approximately 65.8 acres
of spray irrigation fields for disposal.
4. The appropriate amount of plant in service, net of accumulated
depreciation, for the Applicant is $99,921. This amount excludes the costs of the
wastewater treatment facilities and the main from the Subdivision entrance to the
treatment plant.
E
5. The Applicant requested approval of a $41.50 per month rate for sewer
utility service. The Public Staff agreed with the Applicant's request but proposed that it
be modified as follows:
Residential Service: $41.50 per month
Commercial Service:
$41.50 per REU
The Applicant agreed to the Public Staff's proposed modification. With this modification,
the rate proposed by the Applicant is not unreasonable.
6. The requested rates, with the modification recommended by the Public
Staff, will generate an annual revenue of approximately $129,978.
7. The Applicant requested approval of a tank cleaning fee of $300 and a
pump replacement fee of $950. These services are performed on property individually
owned by each customer, and customers are under no obligation to use the Applicant to
perform them. Accordingly, these are not utility services, and the fees charged are not
subject to regulation by the Commission.
8. The Applicant should be allowed a connection fee of $1,500, which will be
applicable to all lots that have not been sold as of the date this Recommended Order
becomes final and effective.
9. The Applicant is compliant with regulations of the North Carolina
Department of Environment and Natural Resources' Division of Water Quality (DWQ).
There are concerns with the system's capacity, which the Applicant is working with
DWQ to resolve.
10. The Applicant has the technical, managerial, and financial capacity to
provide sewer utility service in the Albemarle Plantation Subdivision.
11. The bond posted by the Applicant on March 24, 2003 is adequate for this
proceeding, and is based on the facts that:
a. The Applicant holds no other franchises in this State; however, it
has operated the sewer treatment system at no charge for years.
Its record of operation is satisfactory.
b. The Applicant presently serves 258 customers. With planned
expansions of the service area, the Applicant may eventually serve
900 customers.
C. It is likely that the system will have to be expanded to
accommodate future customer growth. In fact, the Applicant is
3
currently expanding its spray fields to address immediate capacity
concerns.
d. The existing collection, treatment, anddisposal facilities are
approximately 10 years old. They are in good condition. It is not
expected that any of them will have to be replaced anytime soon.
e. The spray irrigation system is not a mechanically intensive system;
however, as with any nondischarge system, the ability of the
lagoons and spray fields to assimilate the wastewater are
significantly influenced by weather conditions and soil conditions, to
the extent that future capacity may require significant capital to
expand the lagoons and to find additional spray fields for disposal.
The Applicant already has ownership of, or has the option to
acquire ownership of, land contiguous to the existing facility for
expansion.
12. It is in the public convenience and necessity that the Applicant be allowed
a sewer utility franchise for service in the Albemarle Plantation Subdivision.
13. The parties have waived the right to file exceptions to this Recommended
Order and have agreed that it may become effective immediately upon issuance.
EVIDENCE AND CONCLUSIONS FOR FINDINGS OF FACT 1-3 AND 6-13
The evidence for these findings is contained in the verified application filed in this
docket and the affidavits of the Public Staff. No one contested these findings. Based
upon these findings, as well as Findings 4 and 5 discussed below, the Hearing
Examiner is of the opinion that the franchise for sewer utility service in the Albemarle
Plantation Subdivision, Phases 1 and 2 should be granted, and the rates requested by
the Applicant, as modified by the Public Staff (including the requested connection fee,
but not the tank cleaning and pump replacement fees) should be approved.
EVIDENCE AND CONCLUSIONS FOR FINDING OF FACT 4
The evidence supporting this finding of fact appears in the affidavit of Public Staff
witness Stewart. Witness Stewart stated that she had removed from plant in service the
costs of the treatment plant and the main from the Subdivision entrance to the plant.
She made this adjustment based on the advice of counsel, because of the statement in
the Property Report for the Subdivision that "[t]he central treatment plant and sewer
lines are being constructed at no cost to you." Witness Stewart further stated that
notwithstanding this adjustment, her review of the application showed that the
Applicant's proposed rates were not unreasonable and would not be unfair to its
customers.
0
Counsel for the Applicant stated at the hearing that the Applicant disagreed with
the exclusion of the costs of the treatment plant and the main leading to the treatment
plant from plant in service. However, the Applicant was willing to accept the rate
recommended by the Public Staff, so long as it retained the right to contest the
exclusion of these costs in a future rate case.
The Hearing Examiner notes that for purposes of this case, the propriety of the
Public Staff's adjustment to plant in service is an academic issue. The Applicant's rates
will be the same regardless of whether the adjustment is adopted or not. Consequently,
it is appropriate to approve the adjustment for this case, without prejudice to the
Applicant's right to contest it in any future case where it has an actual impact on rates.
EVIDENCE AND CONCLUSIONS FOR FINDING OF FACT 5
The evidence relating to this finding of fact appears in the application, the
affidavits of Public Staff witnesses Floyd and Stewart, and the testimony of the public
witnesses.
Some of the public witnesses testified that the language cited by the Public Staff
from the Property Report amounted to an assurance that they should not be charged
any fees at all for wastewater treatment, and therefore the Applicant's proposed rates
should be rejected altogether. As discussed above, the Public Staff has interpreted this
language to mean that customers will not be charged for the costs of constructing the
treatment system. The Applicant objects to the Public Staff's interpretation, but has
agreed to accept the Public Staff's adjustment to plant in service for this case only,
reserving the right to contest the issue in a future case. In the Hearing Examiner's
judgment, regardless of whether the language in the Property Report was intended to
relieve customers from the costs of constructing the wastewater treatment system, it
clearly was not intended to relieve them from the costs of operating the system, and
therefore the public witnesses' position cannot be accepted.
Certain public witnesses noted that when the Subdivision is completed, the
Applicant may serve as many as 900 customers. For this reason, they contended, the
operating costs of the system should be divided among 900 customers, rather than
among the 258 customers currently receiving service. However, the Hearing Examiner
notes that it is impossible to know when, or if, all lots in the Subdivision will be sold. If
all lots are sold, the capacity of the treatment system will have to be expanded, resulting
in increased operating costs. G.S. 62-133 requires that rates be determined on the
basis of historical experience rather than future expectations. Therefore, the Applicant
and Public Staff have properly calculated rates based on the number of customers
presently being served.
Finally, a number of public witnesses expressed the opinion that $41.50 per
month is an excessive rate for wastewater treatment, especially since the Applicant
requires each customer to install a septic tank and take responsibility for disposal of
5
solids in the tank. They noted that many municipalities provide complete sewer service
for a lower rate than the Applicant proposes to charge. However, under North Carolina
law a utility's rates must be based on its own operating costs, not on rates charged by
other utilities or municipalities. Many municipal utilities discharge their effluent into
streams and are able to operate at a lower cost than the Applicant's sprayfield system;
in addition, municipalities can generally spread their fixed costs among a larger number
of customers than the Applicant has. As the testimony of witness Stewart indicates, the
Public Staff reviewed the Applicant's operating costs and determined that the proposed
rate of $41.50 per month is not unreasonable.
IT IS, THEREFORE, ORDERED:
1. That Albemarle Plantation Utility Company, Inc. is granted a Certificate of
Public Convenience and Necessity to provide sewer utility service in the Albemarle
Plantation Subdivision, Phases 1 and 2 in Perquimans County, North Carolina.
2. That Appendix A constitutes the Certificate of Public Convenience and
Necessity.
3. That the Schedule of Rates, attached as Appendix B, is approved for
Albemarle Plantation Utility Company, Inc., and is deemed filed with the Commission
pursuant to G.S. 62-138.
4. That the rates set forth in Appendix B shall be applicable to service
rendered on and after the seventh day following the issuance of this Recommended
Order, provided the Applicant has filed the Certificate of Service by that date.
5. That the cash bond filed on March 24, 2003 is hereby approved for
Albemarle Plantation Utility Company, Inc.
6. That the Notice to Customers, attached as Appendix C, be mailed with
sufficient postage or hand delivered to all customers as soon as practicable, and that the
Applicant shall file the attached Certificate of Service within seven days after the date of this
order
ISSUED BY ORDER OF THE COMMISSION.
This the 29t" day of May , 2003.
NORTH CAROLINA UTILITIES COMMISSION
A6L � •M+bLvv\*
Gail L. Mount, Deputy Clerk
0052803.01
STATE OF NORTH CAROLINA
UTILITIES COMMISSION
RALEIGH
DOCKET NO. W-1189, SUB 0
BEFORE THE NORTH CAROLINA UTILITIES COMMISSION
In the Matter of
Application by Albemarle Plantation Utility
Company, Inc., 201 Ocean Highway, Hertford,
North Carolina 27944, for a Certificate of Public
Convenience and Necessity to Furnish Sewer
Utility Service in Albemarle Plantation
Subdivision, Phases 1 and 2 in Perquimans
County, North Carolina, and for Approval of
Rates
NOTICE TO
CUSTOMERS
APPENDIX C
BY THE COMMISSION: Notice is given that the North Carolina Utilities
Commission has granted Albemarle Plantation Utility Company, Inc., 201 Ocean
Highway, Hertford, North Carolina 27944 (Applicant), a certificate of public convenience
and necessity to provide sewer utility service in the Albemarle Plantation Subdivision,
Phases 1 and 2. The Commission has approved the following rates for sewer utility
service, which will be applicable to service rendered on and after the seventh day
following the date of this Notice, provided that the Applicant files a Certificate of Service
showing that all customers have been notified of the rates:
Monthly Flat Rate for Residential Service: $41.50
Monthly Flat Rate for Nonresidential Service: $41.50 per REU*
* REU =. Residential Equivalent Unit
Connection Fee: $1,500
This the 291h day of May, 2003.
NORTH CAROLINA UTILITIES COMMISSION
A6L � -M)iaf N*
Gail L. Mount, Deputy Clerk
CERTIFICATE OF SERVICE
I, _ _ _ , mailed with sufficient
postage or hand delivered to all affected customers the attached Notice to Customers
issued by the North Carolina Utilities Commission in Docket No. W-1189, Sub 0, and the
Notice was mailed or hand delivered by the date specified in the Order.
This the day of
2003.
Signature
Name of Utility Company
The above named Applicant, ,
personally appeared before me this day and, being first duly sworn, says that the
required Notice to Customers was mailed or hand delivered to all affected customers,
as required by the Commission Order dated
1189, Sub 0.
Witness my hand and notarial seal, this the
2003.
in Docket No. W-
day of .--
Notary Public
Address
(SEAL) My Commission Expires:
Date
NORTH CAROLINA
PERQUIMANS COUNTY
THIS AMENDED AND REINSTATED LEASF',/PURCHASE AGREEMENT,
made and entered into this the 2nd day of November, 2017, by and between Ray Allen
Randolph, widower, hereinafter referred to as "Landlord" and Albemarle Utility
Company, hereinafter referred to as "Tenant".
DESCRIPTION OF LEASED PROPERTY
1. For the consideration hereinafter stated, and for other good and valuable
considerations, the Landlord hereby leases to the Tenant the property located in
Perquimans County, NC, more particularly described as follows:
See attached Exhibit A, attached hereto and incorporated herein by reference
TERM OF LEASE
2. The initial term of this lease shall be twenty (20) years, commencing on January
1, 2002 and ending on December 31, 2022, unless terminated earlier as herein
stated. After the initial term, the lease shall be extended by the following time
periods, and at the below listed rental amounts for each time period:
a. A first extension commencing January 1, 2023 until December 31, 2027
b. A second extension from January 1, 2028 until December 31, 2032
c. A third extension from January 1, 2033 until December 31, 2037
In addition, the Tenant is hereby granted an option to extend this lease period for
two (2) additional terms, each term being a five (5) year extension. Any additional
terms exercised under this option shall accrue rent as outlined below in Paragraph
3.
RENT
3. The Tenant shall pay the Landlord rent in the amount of $33,700.00 per year, in
advance, on the first day of each year throughout the initial term of this lease.
Payment will not be late until after the 151h day after payment date. After the initial
term, the rental amount shall increase with each extension referenced in Paragraph
2 of this lease as follows:
a. The first extension commencing January 1, 2023 until December 31, 2027
shall have a term for rent of $35,385 per year;
b. The second extension from January 1, 2028 until December 31, 2032 shall
have a rental term of $37,154.25 per year;
c. The third extension from January 1, 2033 until December 31, 2037 shall
have a rental term of $39,011.96 per year;
The option to extend the lease referenced in Paragraph 2 for two (2) additional
terms, shall accrue rent for each possible term as follows:
a. For the time period of January 1, 2038 until December 31, 2042 the rent
shall be $40,962.56 per year;
b. For the time period of January 1, 2043 until December 31, 2047 the rent
shall be $43,010.69 per year.
REAL ESTATE TAXES
4. The Landlord shall pay all real estate taxes on the leased property for so long as
this lease remains in effect and as long as the value used to determine taxes owed
is based on the discounted present use value as agricultural land (pursuant to
N.C.G.S. 105-277), which use and valuation results is deferred taxation. If the
applicable tax value changes as a result of the Tenant's use of the property and the
Landlord loses the benefit of the discounted present agricultural land use
valuation, the Landlord shall be responsible for the taxes owed up to the amount
that would have been owed under the discounted present agricultural land use
valuation. The Tenant shall be responsible for the remaining amounts above the
amount that would have been owed under said present agricultural land use
valuation. If deferred taxes become due during the term of this lease, the Landlord
shall be responsible for any deferred taxes that accrued during the time period
prior to the beginning of the term of this lease. The Tenant shall be responsible for
any deferred taxes that become due during the term of the lease that accrued
during the time period after the beginning of the term of this lease.
USE OF PROPERTY
5. The Tenant may use and occupy the lease property for residential or commercial
purposes, including use as a drain field for sewage treatment. Nothing contained
herein shall prohibit the Tenant from taking any action which is necessary or
incidental to treatment of sewage on said property, including application to the
land of chemicals for the treatment of sewage. The Tenant shall not use or
knowingly permit any part of the leased property to be used for any unlawful
purpose. During Tenants occupancy of the premises, Tenant shall be obligated to
take soil samples on an annual basis and provide the results to the Landlord. The
Tenant must take action to ensure that soil indexes are maintained at a level equal
to or greater than the current soil indexes (hereinafter "initial soil indexes"). The
current soil indexes shall be established from the results of soil testing conducted
by the State of North Carolina on soil samples drawn under the supervision of
both Tenant and Landlord, within 30 days from the signing of this agreement
Both the Landlord and Tenant shall have the right to require re -testing if, in their
individual discretion, they believe that the initial test results contain errors. If the
annual tests reveal that the soil index levels have fallen below the established
initial levels, the Tenant must take curative measures to re-establish the soil index
at levels greater than or equal to the initial soil indexes. The Tenant shall have 60
days to take such measures at Tenant's sole expense, before the soil shall be re-
tested. If the re -test results indicate the soil index levels are still deficient, the
Tenant shall have 60 days after the receipt of the re -test results to cure the
deficiency, at Tenant's sole expense. If the Tenant fails to cure the deficiency
within 60 days, the tenant shall then be in default and the default provisions
contained in Paragraph 12 shall go into effect.
COVENANT OF QUIET POSSESSION
6. The Tenant upon the payment of the rent herein noted and upon the performance
of all the terms of this lease, shall at all times during the lease term quietly enjoy
the lease property without any disturbance from the Landlord or any other person
claiming through the Landlord.
REPAIR AND MAINTENANCE
7. The Tenant shall, during the term of this lease and any renewal or extension
thereof, at his sole expense, keep any improvements situated on the leased
property in as good order and repair as it is at the date of the commencement of
this lease, reasonable wear and tear and damage by fire or other casualty excepted.
Throughout the term of this lease, the Tenant, at his sole expense, will take good
care of the leased property and will make all ordinary repairs thereto.
The Tenant, during the term of this lease, shall keep the structural supports and
exterior walls and roof of the building in good order and repair. The Tenant shall
maintain in good working order and repair all plumbing, toilet facilities and other
fixtures and equipment installed for the general supply of hot and cold water, heat,
air conditioning, and the electricity.
3
RETURN OF PROPERTY AT EXPIRATION OF LEASE
S. In the event this Lease is rightfully terminated and the Landlord legally regains
possession, Tenant shall return the leased property so that any improvements
located thereon are in as good condition as they were in, at the beginning of the
lease, reasonable use and wear and damages by the elements excepted.
ALTERATIONS AND IMPROVEMENTS
9. Tenant, at Tenant's sole cost, shall have the right to make alterations, additions or
improvements to the leased property without the consent of the Landlord.
UTILME8
10. The Tenant shall pay all charges for electricity, light, heat, power and telephone
or other communication service used, rendered, or supplied upon or in connection
with the leased property, as well as all other utilities not specifically set forth,
including cable television service, and shall indemnify the Landlord against any
liability or damages on such account
SUBLEASE OR ASSIGNMENT OF LEASE
11. The Tenant shall have the right to transfer or assign this lease, or sublet or permit
the leased property or any part thereof to be used by others, without the prior
written consent of the Landlord. Upon such assignment, transfer or sublease, the
assignee, transferee or sub -lessee shall expressly assume all of the Tenant's rights,
duties, obligations and liabilities hereunder. However, in the absence of the
Landlord's express consent, Tenant shall not be relieved of these rights, duties,
obligations or liabilities.
LANDLORD'S RIGHTS UPON TENANT'S VIOLATION OF LEAST TERMS
12. During the term of this lease, if the leased property shall be deserted or vacated,
of if there shall be a default in the payment of rent for more than sixty (60) days,
or if the Tenant fails to comply or if there shall be a default in performance of any
other covenant, agreement, condition, rule or regulation herein contained or
hereafter established on the part of the Tenant for more than sixty (60) days after
written notice of the Tenant's default by the Landlord, this lease (if the Landlord
so elects) shall thereupon become null and void, and the Landlord shall have the
right to reenter or repossess the leased property, and dispossess and remove
therefrom the Tenant, or other occupants thereof, and their effects, without being
liable to any prosecution therefor. In such case, the Landlord shall repossess the
leased property, and the Tenant shall pay the Landlord the difference between the
fair market use value at the time of repossession and the rent agreed to be paid by
the Tenant for the portion of the term remaining at the time of reentry or
repossession.
FIRE OR OTHER CASUALTY LOSS
13. Where any improvements located on the leased property are damaged by fire or
other casualty, the Tenant shall repair the damage with reasonable dispatch.
INSURANCE
14. The Tenant shall keep any improvements within the leased property insured
against loss or damage by fire with extended coverage endorsement in an amount
not less than eight (80%) percent of the full insurable value as determined from
time to time.
SUBORDINATION IN MORTGAGES
15. This lease shall not be subject or subordinate to the lien of existing deeds of trust
or mortgages, nor shall this lease be subject to deeds of trust or mortgages which
hereafter may be made a lien on the leased property.
EXONERATION FROM LIABILITY
16. The Landlord shall not be liable for any personal injury or damage to the Tenant
or to any other occupant of any part of the leased property, or for any damage to
any property of the Tenant or any other occupant of any part of the leased
property, irrespective of how such injury or damage may be caused, whether from
action of the elements or acts of negligence of occupants of the subject property or
adjacent property. The Tenant shall indemnify and defend the Landlord and the
leased property, at the Tenant's expense, against all claims, expenses, and
liabilities arising from the management of or any occurrence on or about the leased
property; any default by the Tenant hereunder, or any act or negligence of the
Tenant or Tenant's agents, contractors, employees, invitees or licenses.
LANDLORD'S RIGHT TO SELL PREMISES DURING THE LEASE TERM
17. At any time during the 20-year term of this lease, the Tenant shall have the option
to purchase said property from the Landlord, subject to the conditions contained
in this paragraph. Upon the Tenant's written notification to the Landlord of the
Tenant's intention to purchase, the Tenant shall have twelve (12) months to close
on said purchase. This option to purchase and purchase price for said property
shall apply to the following time periods of this lease. If the option is exercised
before December 31, 2022, the purchase price shall be $421,250.00; if the option to
purchase is exercised from January 1, 2023 until December 31, 2027, then purchase
price shall be $442,000.00; if the option is exercised from January 2028 until
December 31, 2032 then the purchase price shall be $459,000.00 and if the option is
exercised from January 2033 until December 31, 2037 the purchase price shall be
$475,000.00. If the option is sought to be exercised during any time period not
covered by this lease, then the price shall be $500,000.00. Rent from the exercise
date until closing shall be paid by the Tenant on a pro -rated basis, based on the
annual rent as listed in Paragraph 3 above. Payment of this rent (or a refund to
the Tenant if closing occurs prior to the expiration of the current pre -paid annual
period) shall be due at closing and in addition to the purchase price. At the closing,
Seller will make, execute and deliver to said buyer a good and sufficient deed for
said land in fee simple with general warranty and free from encumbrances upon
the Buyer's tender of the purchase price in the amounts as outlined above. At
closing, Seller shall pay for preparation of a deed and all other documents
necessary to perform Seller's obligations under this agreement, for excise tax
(revenue stamps), and for land transfer tax required by law. Buyer shall pay for
recording the deed and for preparation and recording of all instruments required
to secure the balance of the purchase price unpaid at closing. As to this paragraph,
time is of the essence.
Notwithstanding the previous paragraph, nothing herein shall preclude payment
of the purchase price through a "like -kind" exchange as outlined in the Internal
Revenue Code, section 1031.
TENANT'S OPTION TO PURCHASE THE PREMISES AFTER LEASE
TERMINATES
18. At any time during the 20-year term of this lease, the Tenant shall have the right
to purchase said property from the Landlord pursuant to paragraph 17 above.
6
Additionally, at the expiration of the twenty (20) year term of this lease and all
extensions thereof as set forth in Paragraph 2 above, the Tenant has the option to
purchase the said property at a price to be agreed upon by the Landlord and
Tenant. In the event Tenant waives its right to exercise the option to purchase the
property then and in such case, possession of the property shall immediately be
returned to the Landlord. In the event Tenant exercises its right to purchase the
property, Landlord and Tenant shall have 120 days to close on the purchase of said
property. Rent during the 120-day closing period shall be paid by the Tenant to
Landlord on a pro -rated basis, based on the annual rent set out in Paragraph 3
above. Payment of this rent shall be due at closing and in addition to the purchase
price. At the dosing, Seller will make, execute and deliver to said buyer a good
and sufficient deed for said land in fee simple with general warranty and free from
encumbrances upon the Buyer's tender of the agreed upon purchase price. If
either the Tenant or Landlord fail to close on the purchase of said property at the
expiration of the 120-day "closing period", the Landlord or the Tenant shall have
the right to enforce this obligation at law or in equity, including expressly the
remedy of specific performance. At closing, Seller shall pay for preparation of a
deed and all other documents necessary to perform Seller's obligations under this
agreement, and for excise tax (revenue stamps), and land transfer tax required by
law. Buyer shall pay for recording the deed and for preparation and recording of
all instruments required to secure the balance of the purchase price unpaid at
closing.
CONDITIONS
19. This agreement is contingent on:
(a) Tenant's receipt of satisfactory soil testing results which indicate that the land
is optimal for Tenant's intended use as a drainfield for sewage treatment.
(b) Tenant's receipt of all State and Federal permits necessary for the use of this
property as a drainfield for sewage treatment, including, but not limited to, a
permit allowing Tenant to apply effluent chemicals used for sewage treatment
on this property.
(c) Tenant's receipt of a satisfactory title examination which indicates that the
Landlord has fee simple ownership of said property and that said property is
free from encumbrances, including, but not limited to any liens, deeds of trust
or restrictive covenants or covenants which materially adversely affect
Tenant's intended use.
7
Tenant may waive in writing any and all of these contingencies, but unless waived
or satisfied, the failure to satisfy any contingency shall null and void this lease.
LAWS OF NORTH CAROLINA TO APPLY
20. This lease shall be governed exclusively by the provisions hereof and by the laws
of the State of North Carolina, as the same may, from time to time exist.
BINDING EFFECT OF LEASE
21. This lease shall be binding upon and shall inure to the benefit of the heirs,
executors, administrators, assigns or devisees of the parties hereto.
22. All 'notices to be given hereunder shall be personally delivered or sent by
registered or certified mail, return receipt requested, with postage prepaid, to the
parties at the following addresses as the parties hereafter designate by like notice
similarly served):
(a) If intended for Buyer: Albemarle Utility Company
P.O. Box 3435
Greenville, NC 27836
With a copy to: Griff Garner
P.O. Box 3435
Greenville, NC 27836
If intended for Seller: Ray Allen Randolph
135 Fatman Lane
Hertford, NC 27944
With a copy to: Jim R. Dailey
274 Carlyle Park Drive
Atlanta, GA 30307
Any notice given hereunder shall be deemed given on the date of delivery or on the
date and the time set forth on the registry receipt by the U.S. Postal authorities, as the
case may be.
8
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of
the day and year first above written.
LANDLORD:
r _
Ray Allen Randolph
TENANT:
Al aarjtyom.Cy
By:...
President
NORTH CAROLINA
COUNTY OF CHOWAN
I, SUSAN S. SMALL, the undersigned Notary Public do hereby certify that Ray Allen
Randolph, zvidozver, personally appeared before me this day and acknowledged the
due execution of the foregoing instrument.
Witness my hand and notarial seal, this �� p day of November, 2017.
Z notary Public
My Com. Expires: 4
9
,``SVsan
Gotnmiss�o d',� ���
Not
�O p� vblic
r- 22
.,ski%'OUnt'111111111y, ,G`�.
STATE OF NORTH CAROLINA
COUNTY OF 9;
I, A Notary Public of County,
North Ca a, do herk certify that W ,'jji%jjtA G _ QYM✓ personally came
before me is day and acknowledged that he/she is the �i President of Albemarle Utility
Company, a North Carolina corporation, and that by authority duly given and as the act of
the Corporation, executed the foregoing on behalf of the corporation.
Witness my hand and notarial seal, this the 3D_ day of November, 2017.
Notary blic
My %,►&�ic�ires.
���0 spires '
D*e1rh to roll- 2o7%=
7y �w
421
'11��1111111�%%%%%
10
EXHIBIT A
That certain tract or parcel of land lying and being in Bethel Township, Perquimans
County, North Carolina, designated as Tax Parcel 2-0082-0010B, and being more
particularly described as follows:
BEGINNING AT A POINT situated at the intersection of .the Western right of way
of Holiday Island Road (State Road #1347) and the Southern right of way line of State
Road #1349, and running thence from said point of beginning along the Western right of
way line of Holiday Island Road, South 5 degrees East 2,431 feet, more or less, to a point
which is situated 775.8 feet South of the intersection of the South side of State Road 1350
and the East side of State Road 1347; thence South 7 degrees 47 minutes East 129.62 feet
to the North side of a lane; thence along the North side of said land South 73 degrees 06
minutes 28 seconds West 1,757.11 feet to a point in the line of property now or formerly
owned by Walker Rayburn; thence along said Rayburn line, North 9 degrees 40 minutes
54 seconds West 1,249.65 feet to a point, cornering; thence South 81 degrees 19 minutes
04 seconds West 396.0 feet to a point, cornering; thence along the center of an old ditch
North 10 degrees 25 minutes 47 minutes West 788.60 feet to a point, cornering; thence
North 78 degrees 11 minutes 28 seconds East 1,089.07 feet to a point, cornering; thence
North 11 degrees 46 minutes 39 seconds East 382 feet to a point, cornering; thence South
85 degrees 13 minutes 21 seconds East 61 feet to a point, cornering; thence North 21
degrees 03 minutes 35 seconds East 246.61 feet to a point; thence North 13 degrees 09
minutes 14 seconds East 197.03 feet to the south side of State Road #1349; thence along
the south side of State Road #1349 in an eastwardly direction a distance of 840 feet, more
or less, to the point of beginning, containing 107.5 acres, more or less, and being that
portion of Block B - situated South of State Road #1349 and West of Holiday Island Road
as delineated on plat entitled in part, "HPB Enterprises" prepared by S. Elmo Williams,
Registered Surveyor, under date of September 29, 1988, which plat was attached to and
made a part of that certain deed from Matthews Brothers Company to HPB Enterprises
dated October 13,1988 of record in Book 127 at Page 529 in the Perquimans County Public
Registry.
11